BILL NUMBER: AB 76	CHAPTERED  09/27/99

	CHAPTER   483
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 27, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 23, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 16, 1999
	AMENDED IN ASSEMBLY   APRIL 20, 1999
	AMENDED IN ASSEMBLY   MARCH 10, 1999

INTRODUCED BY   Assembly Member Keeley

                        DECEMBER 8, 1998

   An act to amend Sections 99, 103, 105, 221, 309, 7059, 7065, 7066,
7071, 7072, 7073, 7074, 7090, 7704, 7710, 7712, 8100, 8101, 8585.5,
8586, 8587, 8598, 8681.5, and 8837 of, to amend the headings of
Chapter 8 (commencing with Section 7080) of Part 1.7 of, and Article
20 (commencing with Section 8599) of Chapter 2 of Part 3 of, Division
6 of, to add Sections 5521.6, 7057, 8599.4, and 8780.1 to, to repeal
Sections 8587.2, 8693.5 and 8695.5 of, to repeal Part 1.5
(commencing with Section 7000) of Division 6 of, and to repeal and
add Section 8587.1 of, the Fish and Game Code, relating to marine
resources, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 76, Keeley.  Marine resources.
   (1) Existing law provides that each member of the Fish and Game
Commission shall receive $100 for each day of actual service
performed in carrying out his or her official duties pursuant to law
and limits the amount of this compensation for any one commissioner
to $500 for any one calendar month.  These expenses are paid out of
the continuously appropriated Fish and Game Preservation Fund.
   This bill would require the commission, based on its strategic
planning process, to submit recommendations to the Legislature, on or
before July 1, 2000, regarding the time commitment required for
service on the commission, compensation of the commissioners, and
other matters the commission deems appropriate.
   (2) Existing law requires the commission to form a marine
resources committee, which is required to report to the commission on
its activities and make recommendations on all marine resource
matters considered by the commission.
   This bill would require the members of the committee to be members
of the commission.
   (3) Existing law, which is to be repealed on January 1, 2000,
delineates the general regulatory powers of the commission,
including, among other things, the authority to establish, extend,
shorten, or abolish open seasons and closed seasons, establish,
change, or abolish bag limits and possession limits, and establish
and change areas of territorial limits for their taking.  That law
also authorizes any regulation adopted pursuant to those provisions
to supersede any section of the Fish and Game Code under specified
circumstances.
   This bill would extend those provisions  to January 1, 2003.
Since a violation of a regulation adopted by the commission is a
misdemeanor under existing law, the bill would impose a
state-mandated local program by continuing in existence, until
January 1, 2003, crimes that otherwise would be repealed.
   (4) Existing law authorizes the commission, or any person
appointed by the commission to conduct a hearing, to cause the
deposition of witnesses, as prescribed, and to compel the attendance
of witnesses and the production of documents and papers.  Existing
law requires all meetings of a state body to be open and public, with
specified exceptions, but specifies that nothing in that law
prohibits a state body from holding a closed session to deliberate on
a decision to be reached in a proceeding required to be conducted
pursuant to specified provisions of existing law governing
administrative adjudication or similar provisions of law.
   This bill would specify that any deliberation conducted by the
commission, or by any person appointed by the commission to conduct
hearings, is deemed to be a proceeding required to be conducted
pursuant to the law governing administrative adjudication or similar
provision of law.
   (5) Existing law generally governs the establishment of fishery
management plans, except for fishery management plans governing the
white seabass fishery.  Other existing law governs fishery management
plans specifically for the white seabass fishery.
   This bill would repeal the law specifically governing the white
seabass fishery, and would incorporate provisions pertaining to that
fishery into the law governing fishery management plans generally.
The bill would make conforming changes.
   (6) Existing law makes it unlawful to take abalone for commercial
purposes in specified fish and game districts, and imposes a
moratorium on the taking, possessing, or landing of abalone for
commercial or recreational purposes in ocean waters of the state
south of a line drawn due west magnetic from the center of the mouth
of San Francisco Bay, including all islands offshore the mainland of
California.
   The bill would allow a registered aquaculturist to collect abalone
for broodstock, notwithstanding those provisions, in accordance with
specified requirements.
   (7) Existing law continuously appropriates the money in the Fish
and Game Preservation Fund to the Department of Fish and Game to
carry out the Fish and Game Code and to the commission for the
payment of the compensation and expenses of the commissioners and
employees of the commission.  Because this bill would continue, until
January 1, 2003, existing duties imposed on the commission  that
otherwise would be repealed, the bill would make an appropriation.
   The bill would authorize regulations that the commission adopts to
implement a fishery management plan or plan amendment for that
fishery to make inoperative, in regard to that fishery, any fishery
management statute that applies to that fishery, including, but not
limited to, statutes that govern allowable catch, restricted access
programs, and time, area, and methods of taking.
   The bill would authorize the commission, on and after January 1,
2000, to adopt regulations as it determines necessary to regulate all
emerging fisheries, all fisheries for nearshore fish stocks, and all
fisheries for white seabass, as specified.
   (8) Existing law defines "restricted access," with regard to a
marine fishery, as a fishery in which the number of persons who may
participate, or the number of vessels that may be used in taking a
specified species of fish is limited by statute or regulation.
   This bill would include within that definition a fishery in which
the catch allocated to each fishery participant is limited by statute
or regulation.
   (9) Existing law requires the Director of Fish and Game to report
annually to the commission on the status of sport and commercial
marine fisheries managed by the state, as specified.
   This bill would require each restricted access program to be
reviewed at least every 5 years for consistency with the policies of
the commission on restricted access fisheries.
   (10) Existing law requires the commission to adopt a fishery
management plan for the nearshore fishery on or before January 1,
2002, if funds are appropriated for that purpose in the annual Budget
Act or pursuant to any other law.
   This bill would require that plan to be consistent with the
Nearshore Fisheries Management Act.
   (11) Existing law requires any person taking, possessing aboard a
boat, or landing any species of nearshore fish stock for commercial
purposes to possess a valid nearshore fishing permit issued to that
person that has not been suspended or revoked, and requires that,
when using a boat to take nearshore fish stocks, at least one person
aboard the boat shall have a valid nearshore fishery permit.
Existing law provides that nearshore fishing permits are revocable
and specifies that the fee for a nearshore fishing permit is $125.
   This bill would instead require any person taking, possessing
aboard a boat, or landing any species of nearshore fish stock for
commercial purposes to possess a valid nearshore fishery permit
issued to that person that has not been suspended or revoked, but
would instead allow those actions when using a boat to take nearshore
fish stocks, if at least one person aboard the boat has a valid
nearshore fishery permit.
   (12) Existing law provides that, when a fishery is closed or
restricted due to specified reasons, the policy of the department and
the commission is to assist and foster the development of
alternative fisheries or alternative fishing gear, consistent with
specified policies regarding the closure or restriction of commercial
fishing.
   This bill would instead require those policies to be consistent
with all of the provisions governing fishery management plans, sport
fishing, and commercial fishing.
   (13) Existing law does not prohibit the taking of basking sharks
for commercial purposes.
   This bill would authorize the commission to adopt regulations to
manage basking sharks, and would prohibit the taking of a basking
shark commercially unless the commission adopts regulations for that
activity and the taking is in accordance with those regulations.
Because a violation of this prohibition would be a crime, pursuant to
other provisions of law, the bill would impose a state-mandated
local program by creating a new crime.
   (14) Existing law prohibits the use of gill nets or trammel nets
for commercial purposes, except under a revocable, nontransferable
permit issued by the department, and prohibits the department from
issuing new gill net or trammel net permits under that provision,
except to those persons who applied prior to January 1, 1986, to take
the examination for a gill and trammel net permit.
   This bill would delete that exception for the issuance of new
permits to those persons who apply prior to January 1, 1986.
   (15) Existing law prohibits the use of gill nets and trammel nets,
from December 15 to May 15, inclusive, within two nautical miles of
Point Loma in San Diego County or San Mateo Point in Orange County or
within one nautical mile of Point La Jolla in San Diego County, Dana
Point in Orange County, or Point Fermin, Point Vicente, Palos Verdes
Point, or Point Dume in Los Angeles.  Existing law allows set gill
nets to be used south of the Coronado-San Diego Bridge to take mullet
(Mugil cephalus) only under a specified permit.
   This bill would repeal those provisions.
   (16) Existing law allows bait nets to be used to take fish for
bait in specified districts.
   This bill would authorize the commission, upon the recommendation
of the department, to adopt regulations governing the use of bait
nets.
   (17) The bill would make other technical, clarifying, and
conforming changes.
  (18) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:   yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 99 of the Fish and Game Code is amended to
read:
   99.  "Restricted access," with regard to a marine fishery, means a
fishery in which the number of persons who may participate, or the
number of vessels that may be used in taking a specified species of
fish, or the catch allocated to each fishery participant, is limited
by statute or regulation.
  SEC. 2.  Section 103 of the Fish and Game Code is amended to read:

   103.  (a)  Each of the commissioners shall receive one hundred
dollars ($100) for each day of actual service performed in carrying
out his or her official duties pursuant to law, but the amount of
this compensation shall not exceed for any one commissioner the sum
of five hundred dollars ($500) for any one calendar month.  In
addition to this compensation, the commissioners shall receive their
actual and necessary expenses incurred in the performance of their
duties.
   (b) The compensation and expenses provided in this section shall
be paid out of the Fish and Game Preservation Fund.
   (c) Notwithstanding Section 7550.5 of the Government Code, the
commission, based on its strategic planning process, shall submit
recommendations to the Legislature, on or before July 1, 2000,
regarding the time commitment required for service on the commission,
compensation of the commissioners, and other matters the commission
deems appropriate.
  SEC. 3.  Section 105 of the Fish and Game Code is amended to read:

   105.  The commission shall form a marine resources committee from
its membership consisting of at least one commissioner.  The
committee shall report to the commission from time to time on its
activities and shall make recommendations on all marine resource
matters considered by the commission.  The committee or its designee
shall, to the extent practicable, attend meetings of the department
staff, including meetings of the department staff with interested
parties, in which significant marine living resource management
documents are being developed.
  SEC. 4.  Section 221 of the Fish and Game Code is amended to read:

   221.  This article shall remain in effect only until January 1,
2003 and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2003, deletes or extends that date.

  SEC. 5.  Section 309 of the Fish and Game Code is amended to read:

   309.  (a) The commission or any person appointed by it to conduct
a hearing may, in any investigation or hearing, cause the deposition
of witnesses, residing within or without the state, to be taken in
the manner prescribed by law for deposition in civil actions in the
superior courts of this state under Article 3 (commencing with
Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil
Procedure, and may compel the attendance of witnesses and the
production of documents and papers.  The commission shall adopt
regulations that afford procedural and substantive due process to any
person whose license or permit is subject to revocation or
suspension.  Except upon conviction of a violation of this code or a
regulation adopted pursuant to this code relating to the licensed or
permitted activity and notwithstanding any other provision of this
code, the commission shall not revoke or suspend any license or
permit until the regulations required by this section have been
adopted and approved by the Office of Administrative Law pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
   (b) Any deliberation conducted by the commission, or conducted by
any person appointed by the commission to conduct hearings, is deemed
to be a proceeding required to be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code or similar provision, within the meaning of
paragraph (3) of subdivision (c) of Section 11126 of the Government
Code.
  SEC. 6.  Section 5521.6 is added to the Fish and Game Code, to
read:
   5521.6.  Notwithstanding Sections 5521 and 5521.5, a registered
aquaculturist may collect abalone for broodstock, in accordance with
subdivision (b) of Section 15301.

  SEC. 7.  Part 1.5 (commencing with Section 7000) of Division 6 of
the Fish and Game Code is repealed.
  SEC. 8.  Section 7057 is added to the Fish and Game Code, to read:

   7057.  Notwithstanding Section 7550.5 of the Government Code, on
or before February 1, 2000, the commission shall make recommendations
to the Legislature in regard to changes in statutes governing
restricted access commercial fisheries, the recommendations to be
based on both of the following:
   (a) Any restricted access fishery policies adopted by the
commission.
   (b) The experience of the commission and department in applying
the restricted access policies adopted by the commission in
developing or revising a restricted access program for a fishery
managed by the state, with priority given to the pink shrimp fishery,
for which a restricted access program statute is scheduled to be
repealed on April 1, 2001.
  SEC. 9.  Section 7059 of the Fish and Game Code is amended to read:

   7059.  (a) The Legislature finds and declares all of the
following:
   (1) Successful marine life and fishery management is a
collaborative process that requires a high degree of ongoing
communication and participation of all those involved in the
management process, particularly the commission, the department, and
those who represent the people and resources that will be most
affected by fishery management decisions, especially fishery
participants and other interested parties.
   (2) In order to maximize the marine science expertise applied to
the complex issues of marine life and fishery management, the
commission and the department are encouraged to continue to, and to
find creative new ways to, contract with or otherwise effectively
involve Sea Grant staff, marine scientists, economists, collaborative
factfinding process and dispute resolution specialists, and others
with the necessary expertise at colleges, universities, private
institutions, and other agencies.
   (3) The benefits of the collaborative process required by this
section apply to most marine life and fishery management activities
including, but not limited to, the development and implementation of
research plans, marine managed area plans, fishery management plans,
and plan amendments, and the preparation of fishery status reports
such as those required by Section 7065.
   (4) Because California is a large state with a long coast, and
because travel is time consuming and costly, the involvement of
interested parties shall be facilitated, to the extent practicable,
by conducting meetings and discussions in the areas of the coast and
in ports where those most affected are concentrated.
   (b) In order to fulfill the intent of subdivision (a), the
commission and the department shall do all of the following:
   (1) Periodically review marine life and fishery management
operations with a view to improving communication, collaboration, and
dispute resolution, seeking advice from interested parties as part
of the review.
   (2) Develop a process for the involvement of interested parties
and for factfinding and dispute resolution processes appropriate to
each element in the marine life and fishery management process.
Models to consider include, but are not limited to, the take
reduction teams authorized under the Marine Mammal Protection Act (16
U.S.C. Sec. 1361 et seq.) and the processes that led to improved
management in the California herring, sea urchin, prawn, angel shark,
and white seabass fisheries.
   (3) Consider the appropriateness of various forms of fisheries
comanagement, which involves close cooperation between the department
and fishery participants, when developing and implementing fishery
management plans.
   (4) When involving fishery participants in the management process,
give particular consideration to the gear used, involvement of sport
or commercial sectors or both sectors, and the areas of the coast
where the fishery is conducted in order to ensure adequate
involvement.
  SEC. 10.  Section 7065 of the Fish and Game Code is amended to
read:
   7065.  (a) The director shall report annually in writing to the
commission on the status of sport and commercial marine fisheries
managed by the state.  The date of the report shall be chosen by the
commission with the advice of the department.  Each annual report
shall cover at least one-fourth of the marine fisheries managed by
the state so that every fishery will be reported on at least once
every four years.  The department shall, consistent with Section
7059, involve expertise from outside the department in compiling
information for the report, which may include, but need not be
limited to, Sea Grant staff, other marine scientists, fishery
participants, and other interested parties.
   (b) For each fishery reported on in an annual report, the report
shall include information on landings, fishing effort, areas where
the fishery occurs, and other factors affecting the fishery as
determined by the department and the commission.  Each restricted
access program shall be reviewed at least every five years for
consistency with the policies of the commission on restricted access
fisheries.
   (c) Notwithstanding subdivision (a), the first annual report shall
be presented to the commission on or before September 1, 2001, and
shall cover all the marine fisheries managed by the state.  To the
extent that the requirements of this section and Section 7073 are
duplicative, the first annual report may be combined with the plan
required pursuant to Section 7073.
  SEC. 11.  Section 7066 of the Fish and Game Code is amended to
read:
   7066.  (a) The Legislature finds and declares that a number of
human-caused and natural factors can affect the health of marine
fishery resources and result in marine fisheries that do not meet the
policies and other requirements of this part.
   (b) To the extent feasible, the director's report to the
commission pursuant to Section 7065 shall identify any marine fishery
that does not meet the sustainability policies of this part.  In the
case of a fishery identified as being depressed, the report shall
indicate the causes of the depressed condition of the fishery,
describe steps being taken to rebuild the fishery, and, to the extent
practicable, recommend additional steps to rebuild the fishery.
   (c) The director's report to the commission pursuant to Section
7065, consistent with subdivision (m) of Section 7056, shall evaluate
the management system and may recommend modifications of that system
to the commission.
  SEC. 11.5.  Section 7071 of the Fish and Game Code is amended to
read:
   7071.  (a) Any white seabass fishery management plan adopted by
the commission on or before January 1, 1999, shall remain in effect
until amended pursuant to this part.
   Notwithstanding paragraph (2) of subdivision (b) of Section 7073,
any white seabass fishery management plan adopted  by the commission
and in existence on January 1, 1999, shall be amended to comply with
this part on or before January 1, 2002.
   (b) In the case of any fishery for which the commission has
management authority, including white seabass, regulations that the
commission adopts to implement a fishery management plan or plan
amendment for that fishery may make inoperative, in regard to that
fishery, any fishery management statute that applies to that fishery,
including, but not limited to, statutes that govern allowable catch,
restricted access programs, and time, area, and methods of taking.
   (c) On and after January 1, 2000, the commission may adopt
regulations as it determines necessary, based on the advice and
recommendations of the department, and in a process consistent with
Section 7059, to regulate all emerging fisheries, consistent with
Section 7090, all fisheries for nearshore fish stocks, and all
fisheries for white seabass.  Regulations adopted by the commission
may include, but need not be limited to, establishing time and area
closures, requiring submittal of landing and permit information,
regulating fishing gear, and establishing restricted access
fisheries.
  SEC. 12.  Section 7072 of the Fish and Game Code is amended to
read:
   7072.  (a) Fishery management plans shall form the primary basis
for managing California's sport and commercial marine fisheries.
   (b) Fishery management plans shall be based on the best scientific
information that is available, on other relevant information that
the department possesses, or on such scientific information or other
relevant information that can be obtained without substantially
delaying the preparation of the plan, based on the schedule developed
pursuant to paragraph (5) of subdivision (b) of Section 7073.
   (c) To the extent that conservation and management measures in a
fishery management plan either increase or restrict the overall
harvest in a fishery, fishery management plans shall allocate those
increases or restrictions fairly among recreational and commercial
sectors participating in the fishery.
   (d) Consistent with Article 17 (commencing with Section 8585), the
commission shall adopt a fishery management plan for the nearshore
fishery on or before January 1, 2002, if funds are appropriated for
that purpose in the annual Budget Act or pursuant to any other law.

  SEC. 13.  Section 7073 of the Fish and Game Code is amended to
read:
   7073.  (a) On or before September 1, 2001, the department shall
submit to the commission for its approval a master plan that
specifies the process and the resources needed to prepare, adopt, and
implement fishery management plans for sport and commercial marine
fisheries managed by the state.  Consistent with Section 7059, the
master plan shall be prepared with the advice, assistance, and
involvement of participants in the various fisheries and their
representatives, marine conservationists, marine scientists, and
other interested persons.
   (b) The master plan shall include all of the following:
   (1) A list identifying the fisheries managed by the state, with
individual fisheries assigned to fishery management plans as
determined by the department according to conservation and management
needs and consistent with subdivision (f) of Section 7056.
   (2) A priority list for preparation of fishery management plans.
Highest priority shall be given to fisheries that the department
determines have the greatest need for changes in conservation and
management measures in order to comply with the policies and
requirements set forth in this part.  Fisheries for which the
department determines that current management complies with the
policies and requirements of this part shall be given the lowest
priority.
   (3) A description of the research, monitoring, and data collection
activities that the department conducts for marine fisheries and of
any additional activities that might be needed for the department to
acquire essential fishery information, with emphasis on the higher
priority fisheries identified pursuant to paragraph (2).
   (4) A process consistent with Section 7059 that ensures the
opportunity for meaningful involvement in the development of fishery
management plans and research plans by fishery participants and their
representatives, marine scientists, and other interested parties.
   (5) A process for periodic review and amendment of the master
plan.
   (c) The commission shall adopt or reject the master plan or master
plan amendment, in whole or in part, after a public hearing.  If the
commission rejects a part of the master plan or master plan
amendment, the commission shall return that part to the department
for revision and resubmission pursuant to the revision and
resubmission procedures for fishery management plans as described in
subdivision (a) of Section 7075.
  SEC. 14.  Section 7074 of the Fish and Game Code is amended to
read:
   7074.  (a) The department shall prepare interim fishery research
protocols for at least the three highest priority fisheries
identified pursuant to paragraph  (2) of subdivision (b) of Section
7073.  An interim fishery protocol shall be used by the department
until a fishery management plan is implemented for that fishery.
   (b) Consistent with Section 7059, each protocol shall be prepared
with the advice, assistance, and involvement of participants in the
various fisheries and their representatives, marine conservationists,
marine scientists, and other interested persons.
   (c) Interim protocols shall be submitted to peer review as
described in Section 7062 unless the department, pursuant to
subdivision  (d), determines that peer review of the interim protocol
is not justified.  For the purpose of peer review, interim protocols
may be combined in the following circumstances:
   (1) For related fisheries.
   (2) For two or more interim protocols that the commission
determines will require the same peer review expertise.
   (d) The commission, with the advice of the department, shall adopt
criteria to be applied in determining whether an interim protocol
may be exempted from peer review.
  SEC. 15.  The heading of Chapter 8 (commencing with Section 7080)
of Part 1.7 of Division 6 of the Fish and Game Code is amended to
read:

      CHAPTER 8.  EMERGING FISHERIES

  SEC. 16.  Section 7090 of the Fish and Game Code is amended to
read:
   7090.  (a) The Legislature finds and declares that a proactive
approach to management of emerging fisheries will foster a healthy
marine environment and will benefit both commercial and sport
fisheries and other marine-dependent activities.  Therefore, the
commission, based upon the advice and recommendations of the
department, shall encourage, manage, and regulate emerging fisheries
consistent with the policies of this part.
   (b) "Emerging fishery," in regard to a marine fishery, means both
of the following:
   (1) A fishery that the director has determined is an emerging
fishery, based on criteria that are approved by the commission and
are related to a trend of increased landings or participants in the
fishery and the degree of existing regulation of the fishery.
   (2) A fishery that is not an established fishery.  "Established
fishery," in regard to a marine fishery, means, prior to January 1,
1999, one or more of the following:
   (A) A restricted access fishery has been established in this code
or in regulations adopted by the commission.
   (B) A fishery, for which a federal fishery management plan exists,
and in which the catch is limited within a designated time period.
   (C) A fishery for which a population estimate and catch quota is
established annually.
   (D) A fishery for which regulations for the fishery are considered
at least biennially by the commission.
   (E) A fishery for which this code or regulations adopted by the
commission prescribes at least two management measures developed for
the purpose of sustaining the fishery.  Management measures include
minimum or maximum size limits, seasons, time, gear, area
restriction, and prohibition on sale or possession of fish.
   (c) The department shall closely monitor landings and other
factors it deems relevant in each emerging fishery and shall notify
the commission of the existence of an emerging fishery.
   (d) The commission, upon the recommendation of the department, may
do either, or both, of the following:
   (1) Adopt regulations that limit taking in the fishery by means
that may include, but not be limited to, restricting landings, time,
area, gear, or access.  These regulations may remain in effect until
a fishery management plan is adopted or for 12 months, whichever is
shorter.
   (2) Direct the department to prepare a fishery management plan for
the fishery and regulations necessary to implement the plan.
   (e) A fishery management plan for an emerging fishery shall comply
with the requirements for preparing and adopting fishery management
plans contained in this part.  In addition to those requirements, to
allow for adequate evaluation of the fishery and the acquisition of
essential fishery information, the fishery management plan shall
provide an evaluation period, which shall not exceed three years
unless extended by the commission.  During the evaluation period, the
plan shall do both of the following:
   (1) In order to prevent excess fishing effort during the
evaluation period, limit taking in the fishery by means that may
include, but need not be limited to, restricting landings, time,
area, gear, or access to a level that the department determines is
necessary for evaluation of the fishery.
   (2) Contain a research plan that includes objectives for
evaluating the fishery, a description of the methods and data
collection techniques for evaluating the fishery, and a timetable for
completing the evaluation.
   (f) The commission is authorized to impose a fee on an emerging
fishery in order to pay the costs of implementing this chapter.   The
fees may include, but need not be limited to, ocean fishing stamps
and permit fees.  The fees may not be levied in excess of the
necessary costs to implement and administer this chapter.  The
commission may reduce fees annually if it determines that sufficient
revenues exist to cover costs incurred by the department in
administering this chapter.  The commission and the department, with
the advice of fishery participants and other interested parties,
shall consider alternative ways to fund the evaluation of emerging
fisheries.
   (g) An emerging fishery is subject to this section unless the
department incorporates the fishery into a fishery management plan
developed under Sections  7070 to 7088, inclusive.
   (h) In the event that this section is found to conflict with
Section 8606, 8614, or 8615, this section shall prevail.
  SEC. 17.  Section 7704 of the Fish and Game Code is amended to
read:
   7704.  (a) It is unlawful to cause or permit any deterioration or
waste of any fish taken in the waters of this state, or brought into
this state, or to take, receive or agree to receive more fish than
can be used without deterioration, waste, or spoilage.
   (b) Except as permitted by this code, it is unlawful to use any
fish, or part thereof, except fish offal, in a reduction plant or by
a reduction process.
   (c) Except as permitted by this code or by regulation of the
commission, it is unlawful to sell, purchase, deliver for commercial
purposes, or possess on any commercial fishing vessel registered
pursuant to Section 7881 any shark fin or shark tail or portion
thereof that has been removed from the carcass.  However, thresher
shark tails and fins that have been removed from the carcass and
whose original shape remain unaltered may be possessed on a
registered commercial fishing vessel if the corresponding carcass is
in possession for each tail and fin.
  SEC. 18.  Section 7710 of the Fish and Game Code is amended to
read:
   7710.  (a) If the director determines, based on the best available
scientific information, or other relevant information that the
director possesses or receives, and on at least one public hearing in
the area of the fishery, that taking in a fishery is being conducted
in a manner that is not sustainable, the director may order the
closure of any waters or otherwise restrict the taking under a
fishing license in state waters of that species.  Any closure or
restriction order shall be adopted by emergency regulation in
accordance with Chapter 3.5 (commencing with Section 11340) of
Division 3 of Title 2 of the Government Code.
   (b) The director shall bring to the attention of the commission
within seven working days any regulations adopted pursuant to this
section.  Any regulations shall be effective for only 30 days unless
the commission extends the closure or restriction under  any
authority  it may have, or unless the director orders another closure
or restriction, consistent with the requirements of subdivision (a).

   (c) The department shall give notice of any hearing to be held
pursuant to this section to the commission and its marine resources
committee as far in advance of the hearing date as possible.
   Nothing in this section or Section 7710.5 restricts any existing
jurisdiction of the department with regard to the regulation of
fisheries on the high seas.
  SEC. 19.  Section 7712 of the Fish and Game Code is amended to
read:
   7712.  Where a fishery is closed or restricted due to the need to
protect a fishery resource, marine mammals, or sea birds, or due to a
conflict with other fisheries or uses of the marine environment, it
shall be the policy of the department and the commission, consistent
with budgetary and personnel considerations, to assist and foster the
development of alternative fisheries or alternative fishing gear for
those commercial fishermen affected by the restrictions, closures,
or resource losses, including, but not limited to, the issuing of
experimental gear permits pursuant to Section 8606 for alternative
fishing methods or fishing gear consistent with the policies set
forth in this division.
  SEC. 20.  Section 8100 of the Fish and Game Code is amended to
read:
   8100.  "Limited entry fishery" means a fishery in which the number
of persons who may participate or the number of vessels that may be
used in taking a specified species of fish is limited by statute or
regulation.
  SEC. 21.  Section 8101 of the Fish and Game Code is amended to
read:
   8101.  (a) Any licensed fisherman shall be eligible for inclusion
during the initial year of a limited entry fishery which is
established by statute that becomes operative after January 1, 1982,
regardless of the prescribed conditions for entry into the fishery,
if the fisherman presents to the department satisfactory evidence
that he or she has been licensed as a California commercial fisherman
for at least 20 years and has participated in the fishery for at
least one of those 20 years, with qualifying participation in the
fishery to be determined by the commission based on landings or other
appropriate criteria.
   (b) Fishermen who have established eligibility to participate in a
limited entry fishery under this section are subject to conditions
of continuing eligibility established by statute or regulation if
those fishermen desire to maintain their eligibility.
  SEC. 22.  Section 8585.5 of the Fish and Game Code is amended to
read:
   8585.5.  The Legislature finds and declares that important
commercial and recreational fisheries exist on numerous stocks of
rockfish (genus Sebastes), California sheephead (genus
                             Semicossyphus), kelp greenling (genus
Hexagrammos), cabezon (genus Scorpaenichthys), and scorpionfish
(genus Scorpaena), in the nearshore state waters extending from the
shore to one nautical mile offshore the California coast, that there
is increasing pressure being placed on these fish from recreational
and commercial fisheries, that many of these fish species found in
the nearshore waters are slow growing and long lived, and that, if
depleted, many of these species may take decades to rebuild.  The
Legislature further finds and declares that, although extensive
research has been conducted on some of these species by state and
federal governments, there are many gaps in the information on these
species and their habitats and that there is no program currently
adequate for the systematic research, conservation, and management of
nearshore fish stocks and the sustainable activity of recreational
and commercial nearshore fisheries.  The Legislature further finds
and declares that recreational fishing in California generates funds
pursuant to the Federal Aid in Sport Fish Restoration Act (16 U.S.C.
Secs. 777 to 777l, inclusive), with revenues used for, among other
things, research, conservation, and management of nearshore fish.
The Legislature further finds and declares that a program for
research and conservation of nearshore fish species and their
habitats is needed, and that a management program for the nearshore
fisheries is necessary.  The Legislature further finds and declares
that the commission should be granted additional authority to
regulate the commercial and recreational fisheries to assure the
sustainable populations of nearshore fish stocks.  Lastly, the
Legislature finds and declares that, whenever feasible and
practicable, it is the policy of the state to assure sustainable
commercial and recreational nearshore fisheries, to protect
recreational opportunities, and to assure long-term employment in
commercial and recreational fisheries.
  SEC. 22.3.  Section 8586 of the Fish and Game Code is amended to
read:
   8586.  The following definitions govern the construction of this
article:
   (a) "Nearshore fish stocks" means any of the following:  rockfish
(genus Sebastes) for which size limits are established under this
article, California sheephead (Semicossyphus pulcher), greenlings of
the genus Hexagrammos, cabezon (Scorpaenichthys marmoratus),
scorpionfish (Scorpaena guttata), and may include other species of
finfish found primarily in rocky reef or kelp habitat in nearshore
waters.
   (b) "Nearshore fisheries" means the commercial or recreational
take or landing of any species of nearshore finfish stocks.
   (c) "Nearshore waters" means the ocean waters of the state
extending from the shore to one nautical mile from land, including
one nautical mile around offshore rocks and islands.
  SEC. 22.5.  Section 8587 of the Fish and Game Code is amended to
read:
   8587.  Any person taking, possessing aboard a boat, or landing any
species of nearshore fish stock for commercial purposes shall
possess a valid nearshore  fishery permit issued to that person that
has not been suspended or revoked, except that when using a boat to
take nearshore fish stocks at least one person aboard the boat shall
have a valid nearshore fishery permit.  Nearshore fishing permits are
revocable.  The fee for a nearshore fishing permit is one hundred
and twenty five dollars ($125).
  SEC. 23.  Section 8587.1 of the Fish and Game Code is repealed.
  SEC. 23.3.  Section 8587.1 is added to the Fish and Game Code, to
read:
   8587.1.  (a) The commission may adopt regulations as it determines
necessary, based on the advice and recommendations of the
department, to regulate nearshore fish stocks and fisheries.
Regulations adopted by the commission pursuant to this section may
include, but are not limited to, requiring submittal of landing and
permit information, including logbooks; establishing a restricted
access program; and establishing limitations on the fishery based on
time, area, type, and amount of gear, and amount of catch, species,
and size of fish.
   (b) Regulations adopted by the commission pursuant to this section
may make inoperative any fishery management statute relevant to the
nearshore fishery.  Any regulation adopted by the commission pursuant
to this subdivision shall specify the particular statute to be made
inoperative.
   (c) The circumstances, restrictions, and requirements of Section
219 do not apply to regulations adopted pursuant to this section.
   (d) Any regulations adopted pursuant to this section shall be
adopted following consultation with fishery participants and other
interested persons consistent with Section 7059.
  SEC. 23.5.  Section 8587.2 of the Fish and Game Code is repealed.

  SEC. 23.7.  Section 8598 of the Fish and Game Code is amended to
read:
   8598.  (a) Notwithstanding Section 8140 or subdivision (b) of
Section 8597, specimens of the following groups or species shall not
be taken, possessed aboard a boat, or landed for commercial purposes:

   (1) Invertebrates:
   (A) Phylum Porifera--all sponges.
   (B) Genus Pelagia sp.--jellyfish.
   (C) Coelenterata--corals, anemones; all species.
   (D) Order Gorgonacea--all gorgonians.
   (E) Order Pennatulacea--all species, except Renilla kollikeri.
   (F) Feather-duster worm--Eudistylia polymorpha.
   (G) Fiddler crab--Uca crenulata.
   (H) Umbrella crab--Cryptolithodes sitchensis.
   (I) Stalked or goose barnacles--Pollicipes sp.
   (J) Giant acorn barnacle--Balanus nubilus or B. aguila.
   (K) Owl limpet--Lottia gigantea.
   (L) Coffee bean shells--Trivia sp.
   (M) Three-winged murex--Pteropurpura trialata.
   (N) Vidler's simnia--Simnia vidleri.
   (O) Queen tegula--Tegula regina.
   (P) Opisthobranchia (including nudibranchs)--all subclass
Opisthobranchia species except:
   (i) Sea hares--Aplysia californica and Aplysia vaccaria.
   (ii) Hermissenda crassicornis.
   (iii) Lion's mouth--Melibe leonina.
   (iv) Aeolidia papillosa.
   (v) Spanish shawl--Flabellina iodinea.
   (2) Vertebrates:
   (A) All shark and ray eggcases.
   (B) Brown smoothhound sharks--Mustelus hinlei--that are less than
18 inches in a whole condition or dressed with head and tail removed.

   (C) Family Agonidae--all poachers.
   (D) Wolf-eel--Anarrhichthys ocellatus.
   (E) Juvenile sheephead--Semicossyphus pulcher (under 6 inches).
   (F) Garibaldi--Hypsypops rubicundus.
   (3) Live rocks.
   (A) Rocks with living organisms attached, commonly called "live
rocks," shall not be taken or possessed except as provided in
subparagraph (C).
   (B) Rocks shall not be broken to take marine aquaria species, and
any rock displaced to access any of those species shall be returned
to its original position.
   (C) Rocks cultured under the authority of an aquaculture
registration may be possessed.
   (b) No organisms may be taken, possessed, or landed for marine
aquaria pet trade purposes under the terms of a marine aquaria
collector's permit in any of the following areas:
   (1) On the north side of Santa Catalina Island from a line
extending three nautical miles 90 degrees true from Church Rock to a
line extending three nautical miles 270 degrees true from the extreme
west end of the island.
   (2) On the south or "back" side of Santa Catalina Island from a
line extending three nautical miles 90 degrees true from Church Rock
to a line extending three nautical miles 270 degrees true from the
extreme west end of the island.
   (3) Marine life refuges, marine reserves, ecological reserves, and
state reserves.
  SEC. 24.  The heading of Article 20 (commencing with Section 8599)
of Chapter 2 of Part 3 of Division 6 of the Fish and Game Code is
amended to read:

      Article 20.  White Sharks and Basking Sharks

  SEC. 25.  Section 8599.4 is added to the Fish and Game Code, to
read:
   8599.4.  The commission may adopt regulations to manage basking
sharks.  A basking shark may not be taken commercially unless the
commission adopts regulations for that activity and the taking is in
accordance with those regulations.
  SEC. 26.  Section 8681.5 of the Fish and Game Code is amended to
read:
   8681.5.  (a) The department shall issue no new gill net or trammel
net permits under Section 8681.  However, the department may renew
an existing, valid permit issued under Section 8681, under
regulations adopted pursuant to Section 8682 and upon payment of the
fee prescribed under Section 8683.
   (b) Notwithstanding subdivision (a) or Section 8681, any person
who has an existing, valid permit issued pursuant to Section 8681,
and presents to the department satisfactory evidence that he or she
has taken and landed fish for commercial purposes in at least 15 of
the preceding 20 years, may transfer that permit to any person
otherwise qualified under the regulations adopted pursuant to Section
8682 upon payment of the fee prescribed under Section 8683.
   (c) The fee collected by the department for the transfer of a gill
and trammel net permit issued pursuant to Section 8682 shall not
exceed the cost of the permit fee as prescribed under Section 8683.
   (d) For purposes of subdivision (b), the death of the holder of
the permit is a disability which authorizes transfer of the permit by
that person's estate to a qualified fisherman pursuant to Section
8682.  For purposes of a transfer under this subdivision, the estate
shall renew the permit, as specified in Section 8681, if the
permittee did not renew the permit before his or her death.  The
application for transfer by that person's estate shall be received by
the department, including the name, address, and telephone number of
the qualified fisherman to whom the permit will be transferred,
within one year of the date of death of the permitholder.  If no
transfer is initiated within one year of the date of death of the
permitholder, the permit shall revert to the department for
disposition pursuant to Section 8681.
   (e) Any active participant who becomes disabled in such a manner
that he or she can no longer earn a livelihood from commercial
fishing may transfer his or her permit as provided under this
section.
   (f) The Legislature finds and declares that this section, as
amended by Chapter 94 of the Statutes of 1992, is more restrictive on
the use and possession of gill nets and trammel nets than the
version of this section in effect on January 1, 1989, and therefore
complies with Section 8610.4, and Section 4 of Article XB of the
California Constitution.
  SEC. 27.  Section 8693.5 of the Fish and Game Code is repealed.
  SEC. 28.  Section 8695.5 of the Fish and Game Code is repealed.
  SEC. 29.  Section 8780.1 is added to the Fish and Game Code, to
read:
   8780.1.  The commission may, upon the recommendation of the
department, adopt regulations governing the use of bait nets.
  SEC. 30.  Section 8837 of the Fish and Game Code is amended to
read:
   8837.  It is unlawful to use or possess any trawl net that
includes any bag or cod-end or modification thereof, other than a bag
or cod-end of a single layer of webbing, except as authorized by
Section 8496 or by the commission.
  SEC. 31.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
